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Library Hall Usage Agreement Location: 85 North State Street Orem Library Hall 1. Location. The City grants permission to the Licensee to conduct an event(s) at Library Hall on the date(s) and time(s) specified in the Agreement. 2. Fees and Use. Fees for the use of Library Hall will be charged commensurate with the City’s approved fee and charge schedule and the terms of this Agreement. Use of the Library Hall must comply with the City’s Orem Public Library Hall Policy and Usage Statements [insert link for document here] and fee schedule which are incorporated herein by reference, copies of which have been provided to Licensee. 3. Library Hall Scheduling. The scheduling of Library Hall shall be prioritized as follows:

First Priority - City sponsored programs, activities, and events.
Second Priority - City co-sponsored events, community celebrations, and festivals.
Third Priority -General community use.

4. Insurance: Licensees receiving permission to use Library Hall must fulfill the following insurance requirements for the duration of the Agreement:
4.1 Types. Licensee shall procure and maintain the following types of insurance for the duration of this Agreement. Any subcontractors hired by Licensee shall also meet these requirements. 4.1.1. Commercial General Liability. Commercial General Liability (CGL) insurance with coverage that is at least as broad as the Insurance Services Office Commercial General Liability coverage (occurrence form). 4.1.2. Business Auto. Business Auto insurance with coverage that is at least as broad as the Insurance Services Office Business Auto Coverage form. 4.1.3. Workers’ Compensation and Employer’s Liability. Workers’ Compensation insurance as required by the State of Utah and Employer’s Liability Insurance. 4.2 Coverage Limits. Licensee’s required insurance shall have the following minimum coverage limits: 4.2.1. General Commercial Liability (CGL). Commercial general liability (CGL) with coverage of at least $1,000,000 combined single limit per occurrence for bodily injury and personal injury. If the policy contains a general aggregate limit, the general aggregate limit must apply separately to this Agreement or the general aggregate limit shall be $2,000,000.00. 4.2.2. Business Automobile Liability. Business Automobile Liability insurance with a $2,000,000 combined single limit per accident for bodily injury and property damage. “Any auto” coverage is required. 4.2.3. Worker’s Compensation and Employer’s Liability. A Worker’s Compensation policy that meets the requirements of the State of Utah and $1,000,000 per accident for Employer’s Liability. 4.2.4. Deductibles. Any deductibles or self-insured retentions must be declared to and approved by the City. At the City’s option, the City may require that: 4.2.4.1.   The insurer reduce or eliminate the deductibles or self-insurance retentions as respects the City, its officers, officials, elected representatives, employees or volunteers; or 4.2.4.2.   Licensee shall procure a bond or letter of credit guaranteeing payment of any deductibles or self-insured retentions. 4.3 Policy Provisions. The policies shall contain, or be endorsed to contain, the following provisions: 4.3.1. Additional Insured. The City and its officers, officials, elected representatives, employees and volunteers shall be listed as additional insureds under the CGL and Business Automobile Liability policies. The coverage shall contain no special limitations on the scope of protection afforded to the City, Licensee and their respective officers, officials, elected representatives, employees, or volunteers. 4.3.2. Primary Insurance. The Licensee’s insurance coverage shall be primary insurance. Any insurance or self-insurance maintained by the City or the Licensee shall be excess of Licensee’s insurance and shall not contribute with it. 4.3.3. Reporting. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City its officers, officials, elected representatives, employees or volunteers. 4.3.4. Separate Application. Licensee’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability. 4.3.5. Waiver of Subrogation. The insurers shall waive, in writing, all rights of subrogation against the City, its officers, officials, elected representatives, employees and volunteers for losses arising from the Licensee’s actions in performing (or failing to perform) this Agreement. 4.3.6. Cancellation. Each insurance policy required by this Agreement shall be endorsed to state that coverage shall not be suspended, voided, canceled, or reduced in coverage or in limits, except after thirty (30) days’ prior written notice by certified mail has been given to the City. If insurance lapses, the City shall have the option of: 4.3.6.1. Purchasing the insurance on behalf of Licensee and deducting the insurance costs from the amount owed to the Licensee; or 4.3.6.2. Terminating this Agreement. 4.3.7. Best’s Ratings. Each insurer shall have a Best’s rating of A-:VII or better. Insurers must maintain this rating for the entire term of this Agreement. 4.3.8. Certificates of Insurance. Licensee shall provide the City with certificates of insurance and with original endorsements effecting coverage required. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. All certificates and endorsements shall be received and approved by the City before Licensee may enter and use the facilities. The City reserves the right to require complete, certified copies of all required insurance policies at any time. Licensee shall obtain certificates of insurance from its subcontractors and provide copies of such to the City upon the City’s request. 4.4 Subcontractors. Licensee shall include any subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. 4.5 Insurance Coverage. The City does not represent that the insurance coverage specified herein (whether in scope or amounts of coverage) is adequate to protect the obligations of Licensee or its subcontractors, and Licensee and its subcontractors shall be solely responsible for any deductibles and deficiencies thereof. 4.6 The additional insured requirement must be exactly as specified by the City. 4.7 The name of the Licensee must be the named insured on the required certificate of insurance. 4.8 Modification to the insurance requirements may be requested. Requests for modification should be directed to the City’s Risk Management Division.
5. Application. Applications for the use of Library Hall must be received no more than six months and no less than seven days before a scheduled event. The Licensee must provide a detailed plan with a complete description of the event, activities, materials and equipment that will be used at the time of application. 5.1. A description of the means of transporting equipment, supplies, materials, and other supporting resources into Library Hall is required. 6. Parking. Parking arrangements will be made in consultation with the City. Licensee must obtain approval for parking requests prior to the event. 7. Food and Beverages. Approval to serve refreshments or food must be obtained through prior written consent from the Library Director or his/her designee. Additional fees may apply. 8. Separate Entities. The parties acknowledge that the parties are and will remain separate and independent entities and this Agreement does not create an additional entity or body. 9. Licensee Does Not Represent City. Licensee does not represent the City and shall not hold itself out as a representative of the City nor does Licensee have authority to act as a representative or agent of the City. 10. Breakdown and Clean-up. All facilities must be cleared, cleaned and vacated 15 minutes prior to Library closing unless Licensee has prearranged their event to go past closing time. Licensees are responsible for being aware of closing times. If Licensee has not cleared, cleaned and vacated the facilities 15 minutes prior to closing, Licensee will be charged after-hours fees.
The Licensee shall leave the facilities in the same condition as it was when first occupied. If the facilities are left dirty, a cleaning fee may be applied (see fee schedule).
Tables and countertops must be wiped down, and chairs and tables stacked/arranged appropriately. Use of certain tables and chairs will incur additional fees. It is the responsibility of the Licensee to place trash in receptacles. Licensee must clean the whiteboard before vacating the facilities. In addition to these cleanup duties, Licensee must pay the hourly custodial fee for facility use.
Removal of plaques, art, tables, chairs, podiums or other items or equipment from the rooms is strictly prohibited. Rooms, tables, chairs and other equipment should be placed back in their original state at the end of a reservation.
Designated library staff will conduct a walk-through after each use to verify that facilities are left in proper order. The authorized representative of the group must report to the designated library staff member at the end of the use. All events must end by 8:30 pm to allow for cleanup and walk-through.
11. Safety. Licensee shall conduct its event and activities in a safe manner. Licensee shall be responsible for any monetary damages or injuries which result from Licensee’s failure to conduct its event and activities in a safe manner. 12. Indemnification. Licensee shall release, indemnify and hold harmless the City, its officers, officials, elected representatives, employees and volunteers from any and all claims, damages, lawsuits, losses and expenses (including attorney’s fees), arising out of or resulting from Licensee’s performance or failure to perform this Agreement and all of Licensee’s activities conducted on City facilities or property. The Licensee is renting and operating the Library Hall at its own risk and acknowledges that the City has no liability for any claims, damages, lawsuits, losses and expenses (including attorney’s fees), arising out of or resulting from Licensee’s activities conducted on City facilities or property. 13. Hold Harmless. The Licensee agrees to hold the City harmless from any claims, damages, lawsuits, losses and expenses (including attorney’s fees), arising out of or resulting from Licensee’s activities conducted on City facilities or property. 14. Termination, Cancellation & Refunds. This Agreement may be terminated by the City upon 10 days’ written notice to Licensee or by the City at any time for any reason if that reason is beyond the City’s control. Requests for cancellation must be made in writing to the Library Director or his/her designee. If the cancellation is made three days or more prior to the event, the User will receive a deposit refund. Cancellations made less than three days in advance will receive a 50% refund of fees and deposit refund. Cancellation made the day of the reservation will not receive a refund. In each case, Licensee may be charged a cancellation fee. 15. Coordination with Library Personnel. The Licensee must meet with representatives of the Library to coordinate the event. 16. Lawful Agreement. The parties represent that each of them has lawfully entered into this Agreement, having complied with all relevant statutes, ordinances, resolutions, bylaws, and other legal requirements applicable to their operation. 17. Utah Law. This Agreement shall be interpreted pursuant to the laws of the State of Utah. 18. Time of Essence. Time shall be of the essence of this Agreement. 19. Attorney’s Fees. In the event the City should be required to enforce or defend this Agreement or pursue any other remedy provided by law, then the City shall be entitled to a reasonable attorney’s fee, whether or not the matter is actually litigated. 20. Interpretation of Agreement. The invalidity of any portion of this Agreement shall not prevent the remainder from being carried into effect. Whenever the context of any provision shall require it, the singular number shall be held to include the plural number, and vice versa, and the use of any gender shall include any other and all genders. The paragraph and section headings in this Agreement are for convenience only and do not constitute a part of the provisions hereof. 21. Amendments. No oral modifications or amendments to this Agreement shall be effective, but this Agreement may be modified or amended by written agreement. 22. Binding Agreement. This Agreement shall be binding upon the successors, administrators, and assigns of each of the parties hereto. 23. Security. Licensee is solely responsible for the safety and security of its activities and property. Licensee acknowledges and agrees that Licensee has no recourse against the City for any vandalism or any damage done to Licensee property unless the damage is the direct result of the City’s affirmative conduct. 24. Duration. The City of Orem reserves the right to determine the duration for the use of City facilities and property. 25. No Assignment. Neither party shall transfer or assign any of its rights, duties or obligations set forth in this Agreement to a third party without the prior written consent of the other party. 26. No Presumption. Should any provision of this Agreement require judicial interpretation, the Court interpreting or construing the same shall not apply a presumption that the term hereof shall be more strictly construed against one party, by reason of the rule of construction that a document is to be construed more strictly against the person who himself or through his agents prepared the same, it being acknowledged that both parties have participated in the preparation hereof. 27. No Presumption. Should any provision of this Agreement require judicial interpretation, the Court interpreting or construing the same shall not apply a presumption that the term hereof shall be more strictly construed against one party, by reason of the rule of construction that a document is to be construed more strictly against the person who himself or through his agents prepared the same, it being acknowledged that both parties have participated in the preparation hereof. 28. Electronic Signatures. License agrees that this transaction may be conducted by electronic means. Licensee agrees that the electronic signatures, whether digital or encrypted, of the parties included in this agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. Electronic signature means any electronic sound, symbol, or process attached to or logically associated with a record and executed and adopted by a party with the intent to sign such as a record, including facsimile or email electronic signatures.

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